Seawell v. Oregon Short Line Railroad, 202 Ill. App. 128 (1916)

Nov. 27, 1916 · Illinois Appellate Court · Gen. No. 22,807
202 Ill. App. 128

Lester C. Seawell, Plaintiff in Error, v. Oregon Short Line Railroad Company, Defendant in Error.

Gen. No. 22,807.

(Not to he reported in full.)

Error to the Municipal Court of Chicago; the Hon. Hosea W. Weias, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed November 27, 1916.

Statement of the.Case.

Action by Lester C. Seawell, plaintiff, against the Oregon Short Line Railroad Company, defendant. From a judgment entered on a directed verdict for defendant, plaintiff prosecutes a writ of error.

The facts and questions involved in this case appear in volume 192 Appellate Court reports at page 273,-where is the opinion of one of the branches of this court when the case was here before. It went to the Supreme Court consolidated with Looney v. Oregon Short Line R. Co., and that court reversed the judgment of the Appellate Court and the Municipal Court and remanded the cause. See 271 Ill., page 538. Upon the second trial in the Municipal Court the jury were directed to bring in a verdict in favor of the defendant.

C. A. Butler, for plaintiff in error.

John A. Sheean, for defendant in error.

*129Abstract of the Decision.

Appeal and error, § 1727 * —when affirmance required. The direction of a verdict by the trial court after remandment by the Supreme Court, held to be in accordance with the decision of that court and to require affirmance by the Appellate Court, as the Supreme Court’s decision settled the law of the case.

Mr. Presiding Justice McSurely

delivered the opinion of the court.